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Contests & Promotions Advertising

Verrill

Trump Trading Cards: Analyzing the Legality of a Promotion

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This week Donald J. Trump announced that “Back by popular demand” he’s offering his new (Series 4) Trump Digital Trading Cards (NFTs). Being the glutton for punishment that I am, I went to the website to review the offer and...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues...more

Klein Moynihan Turco LLP

Exercise Caution When Running A Bitcoin Sweepstakes Promotion

Earlier this week, Stryve Foods, Inc. (“Stryve”) announced the launch of its Bitcoin sweepstakes – allegedly the first of its kind by a meat snack purveyor. Participants will be given the chance to win one of five prizes,...more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

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When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

Faegre Drinker Biddle & Reath LLP

For In-House Counsel: 12 Questions to Ask When the Business Team Wants to Launch a Sweepstakes or Contest (Tomorrow)

We’ve seen this scenario (one too) many times before: the business/marketing team comes to the in-house legal team and wants to run a sweepstakes or contest to promote a brand or a new product line. Surprise! They are hoping...more

Davies Ward Phillips & Vineberg LLP

Overhaul of Québec Legislation Concerning Publicity Contests

Québec recently repealed the province’s strict regulations concerning contests open to Québec participants by amending the Act respecting lotteries, publicity contests, and amusement machines (Act) and by abolishing the Rules...more

American Conference Institute (ACI)

[Event] 30th Annual Advertising and Marketing Law - January 17th - 18th, Toronto, ON, Canada

Hosted by Canadian Institute, the 30th Annual Advertising & Marketing Law conference returns for another exciting year where the top minds convene to network and engage in thought-provoking discussions shaping the law, policy...more

Womble Bond Dickinson

Sportswashing: The New Money Laundering and Sanctions Avoidance Mechanism

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In the world of international finance and crime, criminals and terrorists have always sought innovative ways to launder money and avoid sanctions. One relatively recent method that has gained prominence is known as...more

Verrill

Not Sorry? Reese's May Be In Trouble For On-Pack Sweepstakes Disclosures

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Being born and raised in Pennsylvania, let me start by saying that I love Reese Cups – a perfect mix of chocolate and peanut butter that just makes you so happy. And of course, Reese’s should not be sorry that they make you...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit’s back-to-back rulings shed light on TCPA’s applicability to unsolicited faxes

The 7th Circuit recently issued a decision in Smith v. First Hospital Laboratories, Inc., holding that in some “narrow situations” a fax offering to buy a product or service might be considered an advertisement under the TCPA...more

Moritt Hock & Hamroff LLP

Publishers Clearing House: A Cautionary Tale on the Risks of ‘Dark Patterns’ Marketing

Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more

Benesch

Seventh Circuit Throws FCC “Guidance” In Trashcan

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When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

WilmerHale

FTC Announces Enforcement Action Against Publishers Clearing House for Use of Dark Patterns and CAN-SPAM Violations

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On June 27, the Federal Trade Commission (FTC) announced an enforcement action against Publishers Clearing House (PCH) in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a...more

Verrill

Tesla’s Cybertruck Raffle

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Examining loyalty points used for chance promotions - On May 11, 2023, @BabyTesla3 sent out a Tweet: NEW: Tesla has revamped the Referral program and introduced a new loyalty program! Here’s what you need to know •...more

Kelley Drye & Warren LLP

Promotions Lessons from the My Pillow Guy

Mike Lindell – the “My Pillow Guy” – makes pillows that are soft to touch and claims that are hard to prove. In 2021, Lindell announced that he had compiled evidence demonstrating that China had interfered in the 2020...more

Verrill

“Many Will Enter, No One Will Win” The MyPillow® Guy’s Contest

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The phrase “Many Will Enter, Few Will Win” is often used to comply with CARU’s guidelines for contests directed to children. It’s meant to make it easier for kids to understand that they really don’t have a good shot at...more

Holland & Knight LLP

2023 Social Media Advertising Landscape: An Update from a Senior FTC Official

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Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.  This Holland & Knight alert...more

Perkins Coie

Keep Your New Year Happy and Bright With These Ad Law Tips

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Another new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we...more

Faegre Drinker Biddle & Reath LLP

Thinking About Engaging an Influencer for Your Next Promotion? Plan Ahead!

Those running promotions such as sweepstakes or contests on social media may seek to engage influencers, or individuals with significant social media followings, to enhance their promotions’ visibility and boost engagement...more

Holland & Knight LLP

Metaverse-ing Your Sweepstakes?

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Sweepstakes and other promotional devices, such as contests and giveaways, are already immensely popular in social media. With the growing popularity of the metaverse, many brands are expanding their advertising and marketing...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

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​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

Venable LLP

Syncing Marketing and Legal: Compliance Considerations for Cause-Related Marketing

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​​​​​​​Doing good doesn’t get old. But marketing leaders know that effective promotion of a company’s charitable giving requires a subtle combination of bedrock advertising principles with a few twists. It’s often here that...more

Venable LLP

[Webinar] Your Legal Guide to NFTs, the Metaverse, and Web3 - June 14th - 16th, 1:00 pm - 2:00 pm ET

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Non-fungible tokens (NFTs), the metaverse, and Web3 bring with them a host of new legal challenges in such areas as IP, securities law, tax, and advertising. As NFTs revolutionize the digital landscape and global economy, it...more

Kilpatrick

5 KEY TAKEAWAYS: Sweepstakes Law - NYC Bar Association’s CLE Program on Marketing and Advertising Law

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Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program,...more

Holland & Knight LLP

Marketers Beware: Your Social Media Sweepstakes or Contests Could Be an Illegal Lottery

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A current marketing trend is to use social media sweepstakes for promotion purposes, e.g., "Like and Share Our Facebook or Instagram Post For a Chance To Win a $100 Gift Card!" or "Take Our Five-Minute Survey For a Chance To...more

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